Family of slain SEPTA sergeant wants special prosecutor to take over case – NBC10 Philadelphia

The family of slain Temple University police sergeant Christopher Fitzgerald is calling on prosecutors to seek the death penalty for the man accused of murdering the 31-year-old husband and father.

And if Philadelphia District Attorney Larry Krasner does not seek the death penalty in this case, the family hopes that a newly appointed special prosecutor will do so.

“We recognize the opportunity and appreciate that our family has been heard. Christopher’s murder garnered national attention and we are committed to the thousands of families who are unable to obtain similar justice. We stand with them in unity and prayer as they endure similar pain and trauma. While nothing can replace my husband or your loved ones, we must continue to fight for them and for change,” Fitzgerald’s wife, Marissa, said in a letter released Wednesday morning by the family’s attorneys, the Marrone Law Firm.

Fitzgerald was gunned down in an attack near North 17 Street and West Montgomery Avenue in North Philadelphia on the evening of July 10, 2023. At the time, Fitzgerald was attempting to apprehend a person who had robbed a nearby convenience store.

Police have arrested 19-year-old Miles Pfeffer for the murder. Officials believe Pfeffer shot Fitzgerald in the head during a struggle, killing him.

After Fitzgerald was fatally wounded and lying on the ground bleeding, police believe Pfeffer attempted to rob Fitzgerald of his gun and searched his pockets.

Krasner has previously called the death penalty “unconstitutional,” and Fitzgerald’s family said they received a letter from prosecutors informing them that the prosecution would not seek the death penalty in Fitzgerald’s case.

Incidentally, this is not the first time that Fitzgerald’s family has called for the death penalty for his murderer. Family members also called for the death penalty at a hearing earlier this year.

Marissa, the mother of the slain police officer, argued that abolishing the death penalty would deprive the judge and jury of the opportunity to do justice in the case of her son’s murder.

“Although the death penalty is not part of some people’s religious or personal beliefs, we respect the law and all legitimate punishments associated with it. Before this evening, we prayed that the justice system would work and that the fate of my son’s killer would be decided by a judge or jury using all available options,” she said in a statement.

Fitzgerald’s father, Joel, addressed a statement directly to the district attorney, saying Krasner had “tipped the scales of justice” by refusing to seek the death penalty.

“Christopher’s case is the first involving a police officer killed that his office has prosecuted, and rather than rewrite an already flawed crime and punishment script, he has allowed hubris and a deep disdain for police officers to cloud his judgment,” the slain SEPTA sergeant’s father claimed in a statement. “Unable to move on from his years as a criminal defense attorney, Krasner has tipped the scales of justice in one direction. The mayor won’t say it, but he is an anchor for the city he adopted.”

The statement also notes that police unions such as Philadelphia FOP Lodge 5, Temple University Police Association and PA State FOP have joined in condemning the fact that Krasner will not seek the death penalty in this case.

The family said they are calling on Pennsylvania Attorney General Michelle Henry to authorize newly appointed Special Prosecutor Michael Untermeyer to take over the case.

Untermeyer was appointed a special prosecutor by Act 40 and tasked with investigating and prosecuting crimes related to SEPTA.

The family stated that Fitzgerald’s murder occurred within 500 feet of a SEPTA station.

As of about 7:15 a.m. Wednesday, neither Krasner’s office nor Attorney General Michelle Henry’s office had responded to requests for comment for this story.